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<br /> I .1 I . . I . 'II .
<br /> AB 2702 Assembly Bill - AMENDED Page 7 of9
<br /> fD.2 9-11
<br /> No additional standards, other than those provided in this
<br /> subdivision or subdivision (a), shall be utilized or imposed.
<br /> '- (4) No changes in zoning ordinances or other ordinances or any
<br /> changes in the general plan shall be required to implement this
<br /> subdivision. Any local agency may amend its zoning ordinance or
<br /> general plan to incorporate the policies, plocedures, or other -'
<br /> provisions applicable to the creation' of seèl~d units if these
<br /> provJsions are consistent with the limitation", of this subdivision.
<br /> (5) A second unit that conforms to the requirements of this
<br /> subdivision shall not be considered to exceed the allowable density
<br /> for the lot upon which it is located, and shall be deemed to be a
<br /> residential use that is consistent with the existing general plan and
<br /> zoning designations for the lot. The second units shall not be
<br /> considered in the application of any local ordinance, policy, or
<br /> program to limit residential growth.
<br /> (c) Local agencies shall .g~Ft ~~diR.R~go t~
<br /> permit second units in all residential zones pursuant to
<br /> this section, but may impose greater restrictions on second units in
<br /> a RgR~goiggRti.l ¡9Rg particular residential
<br /> zone than on second units in other residential zones
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<br /> (1) Local agency ordinances, regulations, or policies may not
<br /> preclude or effectively preclude second units within residentially
<br /> zoned areas unless the local agency finds, based on substantial
<br /> evidence, that the ordinance may limit housing opportunities of
<br /> ~ the region p-~" .-.,,- ---t.iR. "'-~'-9- ,,-^^~ 9n
<br /> c"l>rt.Rti.l ."igg.,~. t",t and finding that
<br /> specific adverse '-p--'- 7" impact upon
<br /> the public health and safety, as defined in paragraph (2) of
<br /> subdivision (d) of Section 65589.5, ~ would
<br /> result from allowing second units within single-family and
<br /> multifamily zoned areas justify adopting the ordinance.
<br /> (2) Local governments shall apply appropriate standards as defined
<br /> in Section 65913.1, and those standards shall be written, objective,
<br /> and adopted by the local government.
<br /> (3 I Local agency requirements relating to height, setback, lot
<br /> coverage, architectural review, site plan review, lot size, fees,
<br /> charges, and other requirements generally applicable to single-family
<br /> residential construction in the zone in which the property is
<br /> located may not unreasonably restrict an owner's right to construct
<br /> and maintain a second unit on his or her property.
<br /> (1; IT" 1,,--' -3"""":' "'":. ~-"!"'-~ "":' "f .,,- "9'J,,"i"31
<br /> (4) Local agencies may not require any of the following:
<br /> (AI An ,,-- -- "'. "F ,,-- owner's
<br /> dependent or caregiver to occupy the primary dwelling or second unit.
<br /> A local agency may require an applicant for a permit issued
<br /> pursuant to this subdivision to be an owner-occupant of either the
<br /> primary or second unit. A local agency may not impose a deed
<br /> restriction requirement or other limi tation that (i) restricts the
<br /> sale of the property to owner-occupants, or (ii) restricts the
<br /> occupancy of the primary or second unit by tenure or any
<br /> ~I characteristic enumerated in Section 65008, if the applicant
<br /> determines that he or she will not occupy the primary or second unit.
<br /> Nothing in this section shall prohibit a local agency from
<br /> http://info.sen.ca.gov/publbiJI/asmlab_2701-2750/ab _2702 _bill 20040326 amended asm,h,. 4/5/2004
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